Disclaimer: This article provides general information on Mississippi law. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
Under Mississippi law, no specific statute guarantees an absolute right to amend a police report. However, law enforcement agencies often maintain internal policies allowing individuals to request corrections to factual errors. Follow these steps to request an amendment:
1. Identify the Errors and Gather Evidence
Review the report closely. Note incorrect dates, times, descriptions, or names. Gather supporting documents—such as medical records, cell-phone logs, photographs, witness statements or sworn affidavits—to show why the report is inaccurate.
2. Contact the Records Division
Locate the Records Division or Records Clerk at the law enforcement agency that prepared the report. Many Mississippi agencies list contact information on their official website. If in doubt, call the main switchboard of the police department or sheriff’s office and ask for “records.”
3. Submit a Formal Written Request
Draft a letter or email that:
- Identifies the report by case number, date, and officer’s name.
- Specifically describes each error and the correct information you request.
- Attaches copies (not originals) of your supporting evidence.
- Includes your full name, address, phone number, and email.
Send the request via certified mail, return receipt requested, or via email if the agency accepts electronic submissions. Keep copies of everything.
4. Follow Up and Escalate if Necessary
Within 10–15 business days, follow up to confirm receipt. If the agency agrees, request written confirmation of the amendment. If the agency refuses or ignores your request, you have two options:
- File an administrative appeal within the agency. Ask for the policy or regulation that governs report corrections and follow its internal appeal process.
- Seek judicial relief. Under the Mississippi Public Records Act, you may petition a chancery court for a writ of mandamus or injunctive relief to compel compliance. See Miss. Code Ann. §25-61-13 (mscode.state.ms.us/25/061/0013).
Helpful Hints
- Be concise and factual in your request—avoid opinion or argument.
- Keep a clear paper trail: date every communication and retain copies.
- Respect any fees for copies; agencies may charge under Miss. Code Ann. §25-61-5 (mscode.state.ms.us/25/061/0005).
- If you fear retaliation, mention your right to review agency policy on protected complaints.
- Consider consulting an attorney if the amendment affects a pending case or criminal defense.